SUBRAMANI Vs. SAMPATH

JUDGEMENT

(1.) THE unsuccessful defendant in both the Courts below has preferred the second appeal.

(2.) THE case in brief is as follows: THE plaintiff filed a suit for recovery of a certain amount due under a promissory note. THE defendant borrowed a sum of Rs.3,000 from the plaintiff on 7.3.1986 and executed the suit document agreeing to repay the principal with 12% interest. THE defendant paid a sum of Rs.25 only on 1.3.1989 towards interest and it was also endorsed. THE plaintiff also sent a notice calling upon the defendant to pay the balance amount and for which no reply was received.

(3.) POINTS: It is admitted that the defendant borrowed a sum of Rs.3,000 from the plaintiff and executed the suit promissory note Ex.A-1. It is also not in dispute that a sum of Rs.25 was paid towards interest on 1.3.1989 and endorsed the document. The plaintiff sent a legal notice under Ex.A-3 and in spite of repeated demands, the amount was not paid by the defendant. The plaintiff examined himself as a witness and also filed Exs.A-1 to A-4. The defendant examined himself as D.W.1 and contended that the suit is barred by time and also pleaded discharge. According to him, on 5.4.1990, the entire amount has been paid to the plaintiff and obtained a receipt from him. Hence, no amount is due and payable.